N.J. Admin. Code § 10A:18-2.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:18-2.7 - Inspection of outgoing correspondence

(a) Outgoing correspondence shall be reviewed by designated correctional facility staff to determine the sender. If the sender of the correspondence cannot be identified, the correspondence shall be destroyed.

(b) Outgoing mail shall not be opened, read or censored if it is considered legal correspondence or if it is addressed to:

1. Public officials such as:

i. The President of the United States;

ii. The Vice-President of the United States;

iii. Members of Congress;

iv. The Governor;

v. Members of the State Legislature;

vi. Members of the County Board of Freeholders; or

vii. The Mayor;

2. Governmental agency officials, such as:

i. The Director of the Federal Bureau of Prisons;

ii. The Commissioner, New Jersey Department of Corrections;

iii. The Corrections Ombudsperson;

iv. Members of the Federal Parole Board; or

v. Members of the State Parole Board; or

3. News media representatives.

(c) Outgoing mail from inmates to public officials, governmental agency officials and news media representatives may be held, for a maximum of 72 hours, in order to verify that the addressee is a legitimate public official, governmental agency official or news media representative.

(d) Any outgoing correspondence addressed to someone other than those cited in (b) above shall not be opened, read or censored unless there is reason to believe that the correspondence contains disapproved content (see 10A:18-2.14) and then only with the prior approval of the Administrator or designee.

(e) Outgoing correspondence which is opened pursuant to this subchapter shall, once reviewed and approved, be resealed and mailed promptly.

(f) A confidential list of all correspondence which is read pursuant to this subchapter shall be maintained in the Special Investigations Division of the correctional facility or mail room, or wherever the confidentiality of the list can be maintained.

(g) Outgoing electronic correspondence, including electronic emails, e-photos, e-books, and e-videos, are actively viewed and monitored. Electronic correspondence may be delayed as its content may be pending review and approval.

N.J. Admin. Code § 10A:18-2.7

Amended by R.1989 d.204, effective 4/17/1989.
See: 21 N.J.R. 277(a), 21 N.J.R. 1014(b).
New (b)1 through 5 added, U.S. President, V.P., Members of Congress, Members of Federal Parole Board and Director of the Federal Bureau of Prisons; 1.-4. recodified as 6.-9.
Amended by R.1990 d.564, effective 11/19/1990.
See: 21 N.J.R. 3913(a), 22 N.J.R. 3488(a).
Amended to comply with Matter of Inmate Mail to Attorneys, 232 N.J.Super. 478 (Super. Ct. App. 1989).
Amended by R.1991 d.413, effective 8/5/1991.
See: 23 N.J.R. 1758(a), 23 N.J.R. 2312(a).
Established maximum of 72 hours to hold outgoing mail to verify legitimacy of addressee.
Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
Inserted new (b)2iii; recodified former (b)2iii and iv as (b)2iv and v; and in (f), substituted "Internal Affairs Unit of the correctional facility" for "facility's investigative unit".
Administrative change.
See: 32 N.J.R. 303(a).
Amended by R.2002 d.407, effective 12/16/2002.
See: 34 N.J.R. 3050(a), 34 N.J.R. 4444(b).
In (d), substituted "Administrator" for "Superintendent" preceding "or designee".
Amended by R.2008 d.141, effective 6/2/2008.
See: 39 N.J.R. 5043(a), 40 N.J.R. 3309(a).
In (a), inserted "by designated correctional facility staff"; and in (b)2iii, substituted "Corrections Ombudsperson, Department of the Public Advocate" for "Office of Ombudsman, New Jersey Department of Corrections".
Administrative change.
See: 43 N.J.R. 1344(a).

Amended by 55 N.J.R. 1182(b), effective 6/5/2023